Summary of Issue: Non-Bargaining Group

Decision A-0552.00 Full Text of Decision A-0552.00

There was evidence indicating that Local 15 might well have expected to receive whatever benefits were negociated by Local 1004. Not only had the two Locals coordinated their bargaining, but Local 15 decided to postpone its ratification vote pending Local 1004's vote on its tentative agreement, no doubt in the expectation that, if Local 1004 accepted the City's improved offer, its members would be offered similar terms. Locals had considered their interests and their issues with the employer sufficiently similar that they had wanted to bargain together.

Decision 48786 Full Text of Decision 48786

Although Local 15 is not directly involved in the dispute (Local 1004 was on strike), a tentative deal in collective bargaining had been reached. Local 15 however has not ratified the terms of the settlement. By postponing the ratification vote, Local 15 potentially stands to gain if Local 1004 secures a different settlement. Local 15 therefore is now bearing some of the burden of Local 1004's strike action.

Decision 48815 Full Text of Decision 48815

Labour dispute between the union and the employer where the claimant is not a union member. The employer says that, whatever bargain was made with the union, it would not necessarily be passed on to the claimant and other non-union members. Furthermore, the employer would negotiate a separate contract with the non-union members on a one-to-one basis. A determination on the individual facts of this situation leads to the conclusion that the interest was not direct.

Decision 22950 Full Text of Decision 22950

Non-union, part-time, casual relief workers found to be not directly interested in the dispute even though their employer, a hospital, chose to increase their wages after a new wage settlement was concluded with the unionized workers, a matter of discretion unilaterally determined by each hospital.

Decision 23033 Full Text of Decision 23033

I agree with CUB 12900 that any interest the claimant had in the labour dispute because of a potential increase in wages could only be indirect since any increase ultimately depended, not on the settlement negotiated with the Union but upon the unilateral discretionary decision of the employer.

Decision 16770 Full Text of Decision 16770

Local 550, hourly paid workers, went on strike. Claimant, a clerical worker, belonged to Local 555 whose labour agreement stated that any changes negotiated by 550 would apply to 555. This in fact resulted in an increase in pension plan and life insurance. PRESHO referred to.

Decision 15114 Full Text of Decision 15114

IWA on strike against company. Claimant is a member of a different local and is employed by a sub-contractor. Whatever advantages IWA gained for its members would presumably be extended to all locals even though claimant's employer is not in group bargaining.

Decision A-0741.87 Full Text of Decision A-0741.87

As for class sizes, this is at most an indirect benefit to a substitute teacher, whose work load coincides with that of regular teacher only because her occupation requires that she take over their classes for short periods. Not directly interested. FC agrees with Umpire. Substitute teacher whose 20 days' sick leave per year are required by Ontario legislation. The fact that it appears in collective agreement is irrelevant. Striking union not authorized to bargain on their behalf for a change. Merely at the whim of employer. FC agrees with Umpire. Substitute teachers not covered by collective agreement. They are paid whatever employer chooses which, in recent years, happens to be the same amount as regular teachers. School board under no obligation to abide by this figure. Analogous to CUB 12900. FC agrees with Umpire.

Decision 14021 Full Text of Decision 14021

Refer to: A-0741.87

Decision 13040 Full Text of Decision 13040

Even if there is no obligation on the part of the school board to pay the claimant the union negotiated rate, the fact that, as a matter of practice, it paid such rate to non union employees would be sufficient to find a direct interest.

Decision 12900 Full Text of Decision 12900

College's policy to base pay scale of sessional teachers on pay scale negotiated by union for regular teachers. This is not direct interest, but rather indirect. Not required to maintain parity. Separate agreement. Issue was workload and not pay scale.